(BOSTON – 3/21/2024) Today the Massachusetts State Senate unanimously passed legislation to criminalize the dissemination of sexually explicit material without the subject’s consent, becoming the 49th state in the nation to ban revenge porn. The legislation passed by the Senate includes measures from legislation sponsored by Senator John C. Velis (D-Westfield).
“I have heard from victims throughout the Commonwealth about the ways that their lives have been absolutely torn apart by these despicable acts and it is absolutely devastating that they have not had the ability to pursue justice. I am grateful to the Senate President and my colleagues for overwhelmingly supporting this legislation and I am hopeful that this legislation will finally make it across the finish line to the Governor’s desk to close this glaring loophole once and for all,” said Senator Velis. “The important and thoughtful measures included in today’s bill not only bring Massachusetts in line with other states but go beyond that to respond to evolving repercussions of the digital age.”
The legislation would make it a criminal offense to knowingly distribute sexually explicit visual materials, including computer-generated images, of another person without their consent. Often, explicit images are used by abusers to intimidate and injure the depicted person emotionally or financially. Those who are found guilty could face up to 2 ½ years in a House of Corrections for their first offense and a fine up to $10,000.
This bill would also update the definition of “abuse” to include “coercive control” so that nonphysical forms of abuse, such as emotional, financial, and technological, by a family or household member would be eligible for abuse prevention orders.
Additionally, this legislation would address teen sexting by creating an educational diversion program specifically for minors who share sexually explicit images of themselves or their peers to provide information about the legal and non-legal consequences of sexting. Currently, minors that share these images are automatically subject to child pornography charges and may be required to register as a sex offender if found guilty.
Other provisions of the legislation include:
- The impoundment of visual materials in court proceedings.
- Instructing the Child Advocates Office, in consultation with the Attorney General, Department of Elementary and Secondary Education, Division of Youth Services, the Committee for Public Counsel Services, and the Massachusetts District Attorney’s Association, to create curriculum for a division program on the harms of sexting that will also be made available for school districts.
A version of the explicit image bill having already been passed in the House; it must now be reconciled by the branches.
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